What are the legal issues around new proposed subsidies for nuclear and coal plants? What are the new ways in which the authority of the Federal Energy Regulatory Commission (FERC) has to be distinguished from the authority of the states? Are states with economically challenged power generators sliding toward unintentional re-regulation, or will FERC and the courts step in to protect structured markets? And why is PURPA, the federal law that has undergirded renewable procurement since 1978, under fresh attack? In this episode, we explore these deep, dark, yet important and very contemporary legal questions with a Senior Fellow in Electricity Law at the Harvard Law School Environmental Policy Initiative. In addition to our deep dive on PURPA and around-market reforms, we’ll also discuss some of the likely implications of Trump’s new direction in energy policy, implications for the Clean Power Plan, and how the federal government’s leadership role on climate might be changing.
Owners of old nuclear and coal power generation in the US are on the ropes, because their plants can’t compete with cheaper natural gas and renewables. Some—especially those operating in competitive markets—are simply shutting down, while others are trying a whole host of survival strategies: seeking special payments and subsidies, “around-market reforms,” and even getting states to give up on competitive generation markets and go back to the old regulated utility business. So what are the pros and cons of these strategies, and what are the implications for consumers and for energy transition as a whole? Gavin Bade, an editor at Utility Dive who has written extensively on these topics, leads us through a tangle of legal, technical, and economic implications toward a more clear-eyed picture of how incumbent generators are trying to survive the transition.